Legal Defenses for Stalking
According to Missouri law, stalking is when an individual purposely and repeatedly engages in an unwanted course of conduct which causes alarm to another person when it is reasonable in that person’s situation to have been alarmed by the conduct. Stalking is associated with serious penalties, especially those accused of the criminal offense could face other charges as well, such as trespassing or breaking and entering.
Examples of stalking behavior include:
- Following someone
- Showing up or driving by an individual’s home, job site, or school
- Sending unwanted gifts, letters, or email
- Monitoring an individual’s cellphone, computer, or social media activity
- Secretly photographing or video recording someone
- Secretly placing a GPS device on a person’s vehicle to track him or her
- Threatening to cause harm to the person or his or her friends, family members, or pets
- Causing damage to an individual’s home, vehicle, or other property.
If you were recently arrested and charged with stalking in Missouri, it is imperative to obtain experienced legal counsel from a qualified criminal defense lawyer. A skilled attorney can present several potential defenses to a stalking charge.
Common defenses include the following:
- A reasonable person would not have become fearful after getting the threat
- The threat was determined to be not credible
- The threat could not be realistically or reasonably executed
- You were mistakenly identified
- You were exercising your free speech, which includes protesting or participating in a rally
- You were falsely accused by someone with an ulterior motive or by a person such as a former spouse or romantic partner who wanted to get back at you
If you were arrested and charged with stalking in Missouri, contact our St. Louis criminal defense attorney at The Hammer Law Firm today.